Howard Friedman, Religion Clause
In a case that has been closely followed by home-school advocates, the U.S. 6th Circuit Court of Appeals this week denied asylum to a German family that claimed persecution because of Germany's ban on home schooling. As reported by RNS, the evangelical Christian family prefers home schooling largely for religious reasons. In Romeike v. Holder, (6th Cir., May 14, 2013), in an opinion by Judge Sutton, the court said in part:
When the Romeikes became fed up with Germany’s ban on homeschooling and when their prosecution... more
Howard Friedman, Religion Clause
In Widi v. United States Department of Justice, 2013 U.S. Dist. LEXIS 62269 (D ME, May 1, 2013), a Maine federal district court dismissed as "fanciful" an inmate's claims, including free exercise claims, objecting to a tuberculosis test.
In Cox v. Glebe, 2013 U.S. Dist. LEXIS 66497 (WD WA, May 9, 2013), a Washington federal district court adopted a magistrate's recommendations (2013 U.S. Dist. LEXIS 66563, March 29, 2013) and rejected a Protestant inmate's claim that prison authorities violated the establishment clause by serving... more
Howard Friedman, Religion Clause
May 9, 2013. In a long-running free-exercise/ free-speech case, in March a the federal district court in Puerto Rico, on remand from the 1st Circuit, ordered neighborhood homeowners' associations (urbanizations) that allow entry into the neighborhood only through an unmanned locked gate operated by a key, access code or beeper to provide Jehovah's Witnesses who wish to proselytize in the neighborhood access equal to that of residents. (See prior posting.) Apparently the negative response to the ruling impelled the court to issue... more
Howard Friedman, Religion Clause
In Sweatman v. Rieben, 2013 Ala. Civ. App. LEXIS 96 (AL App., April 19, 2013), an Alabama state appeals court affirmed the dismissal of a prisoner's complaint that honor dorm inmates are required to attend religious services one a month. Plaintiff did not adequately preserve the issue on appeal.
In Perez v. Thaler, 2013 U.S. Dist. LEXIS 56817 (SD TX, March 18, 2013), a Texas federal magistrate judge recommended that a Jewish inmate be permitted to move ahead with his suit seeking transfer to a different prison unit where kosher meals... more
Howard Friedman, Religion Clause
In Bolds v. Cavazos, 2013 U.S. Dist. LEXIS 40393 (ED CA, March 20, 2013), a California federal magistrate judge dismissed, with leave to amend, an inmate's complaint that the confiscation of his television set infringed his free exercise rights by preventing him from receiving religious programming.
In McClendon v. Caruso, 2013 U.S. Dist. LEXIS 40884 (WD MI, March 25, 2013), a Michigan federal district court dismissed an inmate's complaint that his free exercise rights were infringed when authorities treated his religious fast as... more
Howard Friedman, Religion Clause
In American Atheists, Inc. v. Port Authority of NY and NJ, (SD NY, March 28, 2013), a New York federal district court rejected constitutional challenges to the inclusion of the World Trade Center Cross—two beams that survived the collapse of the World Trade Center—as part of the National September 11 Museum in lower Manhattan. While finding that the decision by the World Trade Center Foundation to include the 17-foot tall cross as part of the displays amounted to state action, the court nevertheless held that... more
Howard Friedman, Religion Clause
In Rubin v. City of Lancaster, (9th Cir., March 26, 2013), the U.S. 9th Circuit Court of Appeals rejected an Establishment Clause challenge to the Lancaster, California city council's practice of opening its sessions with a prayer. The city solicits volunteers from local congregations of all faiths. Plaintiffs however object that a number of invocations still invoked Jesus' name. The court held, however, that sectarian Christian references are not prohibited by the Establishment Clause, so long as the city has not taken steps... more
Howard Friedman, Religion Clause
In White v. Lee, 2013 U.S. App. LEXIS 4470 (9th Cir., March 4, 2013), the 9th Circuit affirmed the dismissal of an inmate's RLUIPA and free exercise claims finding that plaintiff's religious beliefs in opposition to blood transfusions did not impact his prison physicians' chosen course of treatment for his knee pain.
In Muhammad v. Davis, 2013 U.S. Dist. LEXIS 27557 (MD FL, Feb. 28, 2013), a Florida federal district court permitted a Muslim inmate to move ahead with his claim for injunctive relief in a suit claiming that his rights under... more
Howard Friedman, Religion Clause
In United States v. Dillard, (D KA, March 7, 2013), a Kansas federal district court held that the clergy-communicant privilege extends only to members of the clergy and not to a lay counselor providing religious counseling or other support through a religious program. Defendant, Angel Dillard, visited inmates at the Sedgwick County jail through a non-profit religious ministries program. In the case, the federal government is seeking information on Dillard's communications through the program with Scott Roeder, who is serving... more
Howard Friedman, Religion Clause
A Pennsylvania federal district court on Wednesday handed down a decision in a case challenging the contraceptive coverage mandate promulgated under the Affordable Care Act. Unlike other cases decided so far, this one combined a challenge by a non-profit college and two for-profit businesses that do not appear to have any relation to the college. The 69-page opinion reached different results as to the different challengers. In Geneva College v. Sebelius, (WD PA, March 6, 2013), the court held that while the non-profit... more
Howard Freidman, Religion Clause
In Thompson v. Commissioner, (USTC, March 4, 2013), the U.S. Tax Court faced the question of the extent to which a taxpayer entering an installment agreement for the payment of back taxes should be allowed to continue to tithe to the Mormon Church. George Thompson, who was a volunteer shift coordinator and a stake scouting coordinator for the Church, sought a partial payment installment agreement with the IRS for the over $880,000 in taxes and penalties he owed. The IRS offered an agreement under which he would pay $8389 per... more
In Finney v. Marshall, 2012 U.S. Dist. LEXIS 167765 (ED TX, Nov. 27, 2012), a Texas federal magistrate judge dismissed as frivolous a complaint by a Mormon inmate that he was not allowed to take Sundays off from his job in the prison kitchen.
In Allen v. Hense, 2012 U.S. Dist. LEXIS 168217 (ED CA, Nov. 26, 2012), a California federal magistrate judge dismissed a Muslim inmate's complaint that on one day during his Administrative Segregation Unit confinement he was served the regular breakfast and sack lunch instead of his religious vegetarian... more
Howard Friedman, Religion Clause
In Williams v. Fisher, 2013 U.S. Dist. LEXIS 23275 (ND NY, Feb. 20. 2013), a New York federal district court adopted a magistrate’s recommendation (2013 U.S. Dist. LEXIS 24560, Jan. 29, 2013) and refused to dismiss a complaint by a Nazarite Jewish inmate that his religious dietary needs were not being met.
In Elder v. Scolapia, (WV Sup. Ct., Feb. 22, 2013), the West Virginia Supreme Court of Appeals rejected claims by petitioner who was sentenced to home incarceration after pleading guilty to sexual abuse and assault charges... more
Howard Friedman, Religion Clause
In Gilardi v. Sebelius (D DC, March 3, 2013), the D.C. federal district court refused to issue a preliminary injunction to prevent enforcement of the Affordable Care Act contraceptive coverage mandate in a suit by two related for-profit Subchapter S corporations and their Catholic owners. Plaintiffs object on religious grounds to providing coverage for contraception, sterilization and contraceptive methods that act as abotifacients. The court concluded that plaintiffs failed to show a likelihood of success on the merits of their... more
Howard Friedman, Religion Clause
In Roman Catholic Diocese of Dallas v. Sebelius, (ND TX, Feb. 26, 2013), a Texas federal district court dismissed on ripeness grounds a challenge by the Catholic Diocese of Dallas to the contraceptive coverage mandate under the Affordable Care Act. The court held that while plaintiff at the time of filing the lawsuit faced sufficiently imminent injury to have standing, subsequent developments require a dismissal for lack of ripeness. The government's Feb. 2013 Notice of Proposed Rulemaking undermine a realistic and pragmatic consideration... more
Howard Friedman, Religion Clause
In Briscoe v. Sebelius, (D CO, Feb. 27, 2013), a Colorado federal district court refused to grant a temporary restraining order to a for-profit corporation, two related for-profit LLCs and their evangelical Christian owner who were challenging the application of the Affordable Care Act contraceptive coverage mandate to them. The companies manage and operate senior care assisted living centers and skilled nursing facilities, and offer a self-insurance plan to their over 200 employees. Business owner Stephen Briscoe Briscoe says that... more
Howard Friedman, Religion Clause
In Riley v. Decarlo, (3d Cir., Feb. 13, 2013), the 3rd Circuit rejected a Muslim inmate's claims that his free exercise and equal protection rights were infringed by the failure to provide a Halal meat diet to all Muslim inmates and by the Pennsyvania Department of Corrections policy of administering a PPD test for tuberculosis.
As reported by AP, the 8th Circuit in Sims v. Randall, (8th Cir., Feb. 14, 2013) summarily dismissed an appeal of a Nebraska federal district court decision rejecting claims that Nebraska prison officials... more
Howard Friedman, Religion Clause
In Reed v. Town of Gilbert, (9th Cir., Feb. 8, 2013), the U.S. 9th Circuit Court of Appeals, in a 2-1 decision, upheld an Arizona town's sign ordinance that limits the size, number and time frame in which temporary directional signs can be displayed. The ordinance was challenged by a church that placed 17 signs in the area around its place of worship announcing the time and location of its services. The majority concluded that the ordinance does not violate free expression guarantees since it is not a content-based regulation... more
Howard Friedman, Religion Clause
In Lye v. City of Lacey, (WD WA, Feb. 8, 2013), a Washington federal district court rejected claims that police officers violated Hui Son Lye's 1st and 4th Amendment rights when they arrested her for trespass at the request of Sacred Heart Catholic Church. The Church issued Lye a "no trespass" order after she disrupted services several times with her demands that the Church conduct Mass in Korean.
Howard Friedman, Religion Clause
In Bethel World Outreach Ministries of Montgomery County v. Montgomery County Council, (4th Cir., Jan. 31, 2013), the U.S. 4th Circuit Court of Appeals clarified the standard to be applied under the Religious Land Use and Institutionalized Persons Act to claims that a zoning denial imposed a "substantial burden" on a church's free exercise of religion. To show a substantial burden, a religious organization need not show that the challenged land use regulation pressured it to violate its beliefs. Instead, it need only show that... more
In Persico v. Sebelius, (WD PA, Jan. 22, 2013), a Pennsylvania federal district court dismissed on ripeness grounds a challenge to the Affordable Care Act's contraceptive mandate brought by the Catholic Diocese of Erie, Pennsylvania and two organizations affiliated with Pennsylvania Catholic Charities. As have most other courts that have dealt with challenges to the ACA mandate by religious non-profit employers, the court concluded:
Under the "safe harbor" provisions established by current regulations, Plaintiffs are protected from any potential enforcement... more
Howard Friedman, Religion Clause
On Tuesday [22 January 2012] the U.S. Supreme Court denied certiorari in Sherman v. Illinois, (Docket No. 12-621, cert. denied 1/22/2013). (Order list.) In the case, the U.S. 7th Circuit Court of Appeals held that activist and atheist Robert Sherman lacked taxpayer standing to challenge a $20,000 grant by the Illinois Department of Commerce and Economic Opportunity to Friends of the Cross as part of the cost of restoring the Bald Knob Cross, an Illinois tourist attraction. Nor could he force Friends of the Cross to return the funds to... more
In EEOC v. Rent-A-Center, Inc., (D DC, Jan. 18, 2013), the D.C. federal district court dismissed an EEOC lawsuit against a rent-to-own business finding that accommodating the religious beliefs of store manager Ferdinand Charles would impose an undue hardship on the company. Charles' religious beliefs prohibited him from working on Saturdays, the store's busiest day. The store is closed on Sundays and the company requires all managers to work on Saturdays. The court said that the EEOC was asking for the store to allow its most important employee to regularly be absent... more
In Ballaban v. Bloomington Jewish Community, (IN App., Jan. 17, 2013), a 3-judge Indiana appellate court, with each judge writing a separate opinion, rejected a rabbi's claim that he had been wrongfully dismissed as congregational rabbi before the end of his 3-year contract. The congregation claimed that the firing was the result of complaints about the rabbi's angry outbursts and hostile behavior and his placing the tax exempt status of the synagogue at risk by accepting a donation intended for a single recipient and assuring the donor it would be tax... more
Howard Friedman, Religion Clause
In D.L. v. Baltimore City Board of School Commissioners, (4th Cir., Jan. 16, 2013), the U.S. 4th Circuit Court of Appeals held that Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) does not require the Baltimore city school board to provide educational services to students enrolled in private religious schools. Here the parents of a student in a Jewish school sought special services for their 8th grader who suffered from ADHD and anxiety. The court also concluded that requiring a student to enroll... more
Howard Friedman, Religion Clause
In American Civil Liberties Union of Massachusetts v. United States Conference of Catholic Bishops, (1st Cir., Jan. 15, 2013), the U.S. 1st Circuit Court of Appeals remanded with instructions to dismiss as moot a suit brought in 2009 alleging that the U.S. Department of Health and Human Services violated the Establishment Clause when it contracted with the U.S. Conference of Catholic Bishops to provide services under the Trafficking Victims Protection Act. The appeals court held that the expiration of the contract with USCCB... more
Howard Friedman, Religion Clause
In New England Prayer Center, Inc. v. Planning & Zoning Commission of the Town of Easton, 2012 Conn. Super. LEXIS 3063 (CT Super, Dec. 13, 2012), the New England Prayer Center sought a special permit so it could build a house of worship on land it leased from the town. The Zoning and Planning Commission granted the permit only with a number of conditions attached. Plaintiff challenged 5 of the conditions. A Connecticut state trial court held that plaintiff had not shown RLUIPA violations, but the court sustained... more
Howard Friedman, Religion Clause
Today is Religious Freedom Day, the anniversary of the passage of the Virginia Statute for Religious Freedom in 1786. Each year the President issues a proclamation marking the day. So far this year's proclamation has not been posted on the White House website. Presumably it will appear later today and this post will be updated with a link to it.
Howard Friedman, Religion Clause
In Green v. Sneath, (3d Cir., Jan. 7, 2013), the 3rd Circuit rejected an inmate's claim that his 1st Amendment and RLUIPA free exercise rights were infringed when his Qur'an was taken from him during his cell transfer.
In Curry v. California Department of Corrections, 2013 U.S. Dist. LEXIS 1659 (ND CA, Jan. 4, 2013), a California federal district court rejected challenges by an inmate who is an adherent of Shetaut Neter to prison officials' refusal to provide him with a Kemetic diet in place of one of the prison's existing religious... more
In Annex Medical, Inc. v. Sebelius, (D MN, Jan. 8, 2013), a Minnesota federal district court refused to issue a preliminary injunction to prevent enforcement of the Affordable Care Act contraceptive coverage mandate against a small for-profit medical device manufacturing company and its devout Catholic CEO. The court concluded that there was not a likelihood that plaintiffs would succeed on the merits of their Religious Freedom Restoration Act claim because "the Mandate places only a de minimis, not substantial,... more
Howard Friedman, Religion Clause
In Avery v. Elia, 2012 U.S. Dist. LEXIS 182789 (ED CA, Dec. 27, 2012), a California federal magistrate judge recommended dismissing for failure to exhaust administrative remedies an inmate's complaint that his kosher diet card was wrongly revoked.
In Robertson v. Biby, 2013 U.S. Dist. LEXIS 75 (D KS, Jan. 2, 2013), a Kansas federal district court dismissed an inmate's claim that his religious belief that he must hear the Bible read aloud by another person at least every seven years was infringed... more
Howard Friedman, Religion Clause
In a 102-page opinion, a New York federal district court in Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona, (SD NY, Jan. 4, 2013), dismissed on ripeness grounds a number of "as applied" challenges to the land use ordinances of the Village of Pomona, New York. However the court permitted plaintiffs to proceed with facial challenges to the ordinances under the 1st and 14th Amendments, RLUIPA, the Fair Housing Act and the New York constitution. Plaintiffs alleged that the village adopted the land use ordinances... more
JURUPA VALLEY, Calif.—2 November 2012. A Southern California school district is allowing some Sikh students to carry an article of their faith—a dagger-like blade called a kirpan.
At least three high school students in the Jurupa Unified School District will be allowed to wear the approximately 2-inch knives at school after their parents agreed to solder them or sew them into the sheaths so they cannot be used as weapons, Superintendent Elliott Duchon said.
The kirpan is one of five sacred articles that baptized Sikhs must wear.
"This is an issue of religious... more